Hypertherm Powermax900 Service Manual - Manual (Page 5)

ii Hypertherm Warranty
W
ARRANTY
WARNING
Genuine Hypertherm parts are the factory-recommended
replacement parts for your Hypertherm system. Any
damage caused by the use of other than genuine
Hypertherm parts may not be covered by the Hypertherm
warranty.
WARNING
You are responsible for the safe use of the Product.
Hypertherm does not and cannot make any guarantee or
warranty regarding the safe use of the Product in your
environment.
GENERAL
Hypertherm, Inc. warrants that its Products shall be free
from defects in materials and workmanship, if Hypertherm
is notified of a defect (i) with respect to the power supply
within a period of two (2) years from the date of its delivery
to you, and (ii) with respect to the torch and leads within a
period of one (1) year from its date of delivery to you. This
warranty shall not apply to any Product which has been
incorrectly installed, modified, or otherwise damaged.
Hypertherm, at its sole option, shall repair, replace, or
adjust, free of charge, any defective Products covered by
this warranty which shall be returned with Hypertherm’s
prior authorization (which shall not be unreasonably
withheld), properly packed, to Hypertherm’s place of
business in Hanover, New Hampshire, or to an authorized
Hypertherm repair facility, all costs, insurance and freight
prepaid. Hypertherm shall not be liable for any repairs,
replacement, or adjustments of Products covered by this
warranty, except those made pursuant to this paragraph or
with Hypertherm’s prior written consent.
The warranty
above is exclusive and is in lieu of all other warranties,
express, implied, statutory, or otherwise with respect
to the Products or as to the results which may be
obtained therefrom, and all implied warranties or
conditions of quality or of merchantability or fitness for
a particular purpose or against infringement. The
foregoing shall constitute the sole and exclusive
remedy for any breach by Hypertherm of its warranty.
Distributors/OEMs may offer different or additional
warranties, but Distributors/OEMs are not authorized to
give any additional warranty protection to you or make any
representation to you purporting to be binding upon
Hypertherm.
PATENT INDEMNITY
Except only in cases of products not manufactured by
Hypertherm or manufactured by a person other than
Hypertherm not in strict conformity with Hypertherm’s
specifications and in cases of designs, processes,
formulae, or combinations not developed or purported to be
developed by Hypertherm, Hypertherm will defend or
settle, at its own expense, any suit or proceeding brought
against you alleging that the use of the Hypertherm
product, alone and not in combination with any other
product not supplied by Hypertherm, infringes any patent of
any third party. You shall notify Hypertherm promptly upon
learning of any action or threatened action in connection
with any such alleged infringement, and Hypertherm’s
obligation to indemnify shall be conditioned upon
Hypertherm’s sole control of, and the indemnified party’s
cooperation and assistance in, the defense of the claim.
LIMITATION OF LIABILITY
In no event shall Hypertherm be liable to any person or
entity for any incidental, consequential, indirect, or
punitive damages (including but not limited to lost
profits) regardless of whether such liability is based on
breach of contract, tort, strict liability, breach of
warranties, failure of essential purpose or otherwise
and even if advised of the possibility of such damages.
LIABILITY CAP
In no event shall Hypertherm’s liability, whether such
liability is based on breach of contract, tort, strict
liability, breach of warranties, failure of essential
purpose or otherwise, for any claim action suit or
proceeding arising out of or relating to the use of the
Products exceed in the aggregate the amount paid for
the Products that gave rise to such claim.
INSURANCE
At all times you will have and maintain insurance in such
quantities and types, and with coverage sufficient and
appropriate to defend and to hold Hypertherm harmless in
the event of any cause of action arising from the use of the
Products.
NATIONAL AND LOCAL CODES
National and Local codes governing plumbing and
electrical installation shall take precedent over any
instructions contained in this manual.
In no event shall
Hypertherm be liable for injury to persons or property
damage by reason of any code violation or poor work
practices.
TRANSFER OF RIGHTS
You may transfer any remaining rights you may have
hereunder only in connection with the sale of all or
substantially all of your assets or capital stock to a
successor in interest who agrees to be bound by all of the
terms and conditions of this Warranty.
5-00